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Patna High Court

Shivam Kumar RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court grants interim/provisional anticipatory bail to the petitioner, subject to the stipulated bail bond, sureties, and compliance with the settlement payment schedule.

Summary

Shivam Kumar Rai applied for anticipatory bail in a criminal case (Gopalganj Mahila PS Case No. 17 of 2025) involving offences under the Bharatiya Nyaya Sanhita, 2023 and the Domestic Violence Act. Both parties submitted a joint affidavit indicating an amicable settlement, including a Rs. 15,00,000 payment by the husband to the wife covering alimony, maintenance, and stridhan, and an agreement to file a mutual consent divorce under the Hindu Marriage Act. The court, considering the settlement and the parties' willingness to withdraw all pending cases, granted the petitioner interim/provisional anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties and the payment of the first settlement installment. Further conditions required the payment of the remaining installments and the return of the wife’s furniture before the bail could be confirmed. The court clarified that its observations were prima facie and would not affect the merits of the underlying criminal trial.

Issues considered

  • Whether anticipatory bail should be granted in view of the pending criminal charges under the BNSS and DP Act.
  • Whether the settlement agreement and mutual consent divorce affect the grant of bail.
  • Whether conditions under Section 482(2) of the BNSS can be imposed on anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • settlement agreement
  • mutual consent divorce
  • alimony
  • maintenance
  • domestic violence
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Hindu Marriage Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83301 of 2025
                     Arising Out of PS. Case No.-17 Year-2025 Thana- MAHILA PS District- Gopalganj
                 ======================================================
                 Shivam Kumar Rai Son of Shri Shailendra Kumar Rai Resident of Village -
                 Jalalpur, P.S. - Kuchaikote, District - Gopalganj.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Kumari Simran Devi D/o Shri Girindra Rai, Wife of Shivam Kumar Rai
                 Resident of Village - Kararia, P.S. - Gopalganj, District - Gopalganj.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Deepak Kumar, Advocate
                 For the State           :        Mr. Ramesh Chandra, APP
                 For the O.P. No. 2      :        Mr. Shankar Kumar Thakur, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

7   06-07-2026                   Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                 2. The petitioner apprehends arrest in connection with

                   Gopalganj Mahila P.S. Case No. 17 of 2025 registered for the

                   offence under Sections 126(2), 115(2), 85, 82(1), 351(2), 351

                   and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section ¾ of

                   the DP Act.

                                3. It is jointly submitted on behalf of the parties that

                   the dispute between them has been amicably settled and a

                   compromise has been arrived at.

                                4. A joint affidavit has been filed on behalf of the

                   parties, the relevant terms of which are as follows:
Patna High Court CR. MISC. No.83301 of 2025(7) dt.06-07-2026
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                              3. That the terms and conditions of the settlement
                                   mutually agreed upon by both parties are as
                                   follows:
                              (1) Full and Final Settlement Amount: The First
                                   Party (Husband) has agreed to pay a total sum
                                   of Rs. 15,00,000/- (Rupees Fifteen Lakhs
                                   only) to the Second Party (Wife) towards her
                                   permanent alimony, maintenance (past,
                                   present, and future), and stridhan.
                              (ii) Payment Schedule (Installments): The said
                                   amount of Rs. 15,00,000/- shall be paid by the
                                   First Party to the Second Party in the
                                   following installments via Demand Draft /
                                   Bank Transfer:
                                     (a) 1st Installment: Rs. 5,00,000/- (Rupees
                                         Five Lakhs only) to be paid at the time
                                         of submission of bail bond in the present
                                         proceeding.
                                     (b) 2nd Installment: Rs. 5,00,000/- (Rupees
                                         Five Lakhs only) to be paid at the time
                                         of admission of the Mutual Divorce
                                         Petition in the learned family court
                                         below.
                                     (c) 3rd/Final Installment: Rs. 5,00,000/-
                                         (Rupees Five Lakhs only) to be paid at
                                         the time of final argument/recording of
                                         second motion statements in the Mutual
                                         Divorce Petition.
                              4. That both parties have explicitly agreed to
                                   withdraw all criminal and civil cases filed
                                   against each other and their respective family
                                   members.
                              5. That the Second Party (Wife) shall cooperate
                                   and take active steps to quash/withdraw cases,
                                   e.g., FIR / Maintenance pending before the
                                   learned court below.
                              6. That the First Party (Husband) shall withdraw
                                   cases e.g., Restitution of Conjugal Rights
                                   pending before the learned court below.
                              7. That both the parties have agreed to dissolve
                                   their marriage by filing a joint petition for
                                   divorce by mutual consent under Section 13B
Patna High Court CR. MISC. No.83301 of 2025(7) dt.06-07-2026
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                                  of theHindu Marriage Act, 1955 before the
                                  learned Family Court below within 45 days
                                  from today.
                              8. That after the payment of the entire settlement
                                  amount of Rs. 15 Lakhs, neither party shall
                                  have any remaining claims (movable or
                                  immovable property) against each other or
                                  their respective family members in the future.
                              9. That both parties undertake to strictly abide by
                                  the terms and conditions mentioned in this
                                  affidavit. In case of any default by either party,
                                  the aggrieved party shall have the right to
                                  initiate appropriate legal proceedings.”
                       5. Considering the aforesaid facts and circumstances

          of the case and the compromise arriaved at between the parties,

          this Court is inclined to grant the petitioner interim/provisional

          anticipatory bail.

                       6. Accordingly, let the petitioner, above-named, in the

          event of arrest or surrender within four weeks from today in the

          Court below, be released on Interim/Provisional Anticipatory

          Bail on furnishing bail bonds of Rs.10,000/- (Rupees ten

          thousand) with two sureties of the like amount each to the

          satisfaction of learned Court below where the case is

          pending/successor Court in connection with Gopalganj Mahila

          P.S. Case No. 17 of 2025 subject to the conditions as laid down

          under Section 482(2) of the BNSS and with further conditions

          that:-

                                       (I). At the time of furnishing bail bonds,
                                            the petitioner shall deposit the first
                                            installment of Rs. 5,00,000/- (Rupees
            Patna High Court CR. MISC. No.83301 of 2025(7) dt.06-07-2026
                                                        4/4




                                                        Five Lakhs only) in the Court below,
                                                        which shall be released in favour of the
                                                        Opposite Party No. 2.
                                                   (ii). The remaining installments shall be
                                                        paid as per the settlement terms, and
                                                        upon payment of the third and final
                                                        installment, the interim/provisional
                                                        bail shall be confirmed by the Court
                                                        below.
                                                   (iii). The petitioner shall return the
                                                        furniture belonging to the Opposite
                                                        Party No. 2 through Movers and
                                                        Packers and the Opposite Party No. 2
                                                        shall submit the receipt before the
                                                        Court below.

                                   7. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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